Patna High Court
Uma Devi @ Hema DeviversusThe State of Bihar
- Decided
- Disposal
- BAIL GRANTED
- Bench
- SANDEEP KUMAR
Holding
The application is allowed and bail is granted to the petitioners subject to the stipulated conditions.
Summary
The petitioners – Uma Devi, Gaurav Kumar and Nandlal Yadav – filed an application fearing arrest in connection with Gogari Police Station Case No.179 of 2025, which alleged kidnapping under Section 96 of the BNSS. The prosecution alleged that the petitioners, being the parents and brother of the main accused Manish Kumar, were implicated in the offence. The petitioners contended that they had no role in the alleged kidnapping and that the victim, now recovered, had married Manish Kumar and was about 18 years old, indicating no abduction. The Court examined whether the petitioners could be held liable for the alleged offence and whether bail was appropriate. Finding no material participation by the petitioners, the Court allowed the application and ordered that, if arrested or surrendered within four weeks, they be released on bail upon furnishing a Rs 10,000 bond with two sureties, subject to the conditions of Section 438(2) CrPC and Section 482 BNSS.
Issues considered
- Whether the petitioners can be held liable under Section 96 of the BNSS for the alleged kidnapping.
- Whether the petitioners are entitled to bail under Section 438(2) of the CrPC and Section 482 of the BNSS.
Legislation cited
- BNSS — s. 482, 96
- Criminal Procedure Code — s. 438(2)
Subjects
- bail
- kidnapping
- false implication
- Section 96 BNSS
- Section 438 CrPC
- Section 482 BNSS
- criminal procedure
- family liability
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.38666 of 2026
Arising Out of PS. Case No.-179 Year-2025 Thana- GOGRI District- Khagaria
======================================================
1. Uma Devi @ Hema Devi W/O- Nandlal Yadav Resident of Village- Bari
Malilya, Ward No. 25 P.S.- Gogari, District-Khagaria
2. Gaurav Kumar S/O- Nandlal Yadav Resident of Village- Bari Malilya, Ward
No. 25 P.S.- Gogari, District-Khagaria
3. Nandlal Yadav S/O- Kamleshwari Yadav Resident of Village- Bari Malilya,
Ward No. 25 P.S.- Gogari, District-Khagaria
... ... Petitioner/s
Versus
The State of Bihar Bihar
... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Amit Prakash
Mr. Binod Kumar
For the Opposite Party/s : Mr. Renuka Ratnakar (App 125)
======================================================
CORAM: HONOURABLE MR. JUSTICE SANDEEP KUMAR
ORAL ORDER
2 17-06-2026 Heard learned counsel for the petitioners and learned
APP for the State.
2. The petitioners apprehend their arrest in
connection with Gogari P.S. Case No. 179 of 2025 registered for
the offence under Section 96 of the BNS.
3. As per the prosecution case, the petitioners are
the parents and brother of the main accused Manish Kumar, who
is alleged to have kidnapped the victim.
4. It has been submitted by the learned counsel for
the petitioners that the petitioners are innocent and they have
falsely been implicated in this case. He further submits that the
Patna High Court CR. MISC. No.38666 of 2026(2) dt.17-06-2026
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victim girl has been recovered and has said that she has got
married to Manish Kumar. He next submits that the age of the
victim girl has been found to be around 18 years.
5. Considering the fact that the petitioners have no
role to play in the alleged offence, this application is allowed.
6. Let the petitioners, above named, in the event of
their arrest or surrender before the concerned Court below
within four weeks from today, be released on bail on furnishing
bail bond of Rs. 10,000/- (Ten Thousand) with two sureties of
the like amount each to the satisfaction of the Gogari P.S. Case
No. 179 of 2025, subject to the conditions laid down in Section
438(2) of the Code of Criminal Procedure, 1973 / Section 482 of
the BNSS.
(Sandeep Kumar, J)
Vikas/-
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